21975. Adulteration of batter. IT. S. v. 102 Boxes and 3S Boxes of Batter.
Consent decrees of condemnation and forfeltnre. Product re-
leased under bond to be reworked. (F. & D. nos. 32371, 32372.
Sample nos. 58490-A, 58492-A, 58493-A, 58507-A, 58508-A, 58511-A.)
These cases involved shipments of butter, samples of which were found to
contain less than 80 percent by weight of milk fat, the standard for butter
established by Congress.
On or about February 13 and February 16, 1934, the United States attorney
for the District of Maine, acting upon reports by the Secretary of Agriculture,
filed in the district court libels praying seizure and condemnation of 140 boxes
of butter at Portland, Maine, consigned about February 6,1934, alleging that the
article had been shipped in interstate commerce, by the Davis-Cleaver Produce
Co., from Quincy, Ill., and charging adulteration in violation of the Food and
Drugs Act.
It was alleged in the libels that the article was adulterated in that a product
containing less than 80 percent by weight of milk fat had been substituted for
butter, which the article purported to be.
On February 17 and February 20, 1934, the Davis-Cleaver Produce Co., claim-
ant, having admitted the allegations of the libels and having consented to the
entry of decrees, judgments of condemnation and forfeiture were entered, and
it was ordered by the court that the product be released to the claimant upon
payment of costs and the execution of bonds totaling $1,200, or the deposit
of cash collateral in like amount, conditioned in part that it be reworked under
the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.